Grady Leroy Hodge v. State, 355 P.3d 368

Hodge was convicted of two counts of first-degree sexual abuse of a minor (his teenage daughter).
The district court admitted uncharged misconduct evidence, including testimony from an older daughter, over the defense's objection.
After trial, pictures surfaced that could aid Hodge’s defense; defense moved for a new trial under Rule 33(c), which was denied.
Hodge argued ineffective assistance of trial counsel for not uncovering the pictures in time for trial.
Hodge alleged due process violations due to the court reporter’s untimely filing of transcripts delaying the appeal; the court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of uncharged misconduct evidence	Hodge argues the district court abused its discretion admitting 404(b) evidence.	Hodge contends probative value was outweighed by prejudice.	No abuse; probative value not substantially outweighed prejudice.
Ineffective assistance for not finding photos	Hodge asserts counsel failed to uncover photos that would aid defense.	State contends defense failed to show prejudice; counsel acted reasonably.	No deficient performance or prejudice; effective assistance.
Due process due to transcript delay	Delay in transcripts deprived Hodge of timely appeal and due process.	Delay not inordinate; no Barker factors triggered.	No due process violation from transcript delay.

Vigil v. State, 926 P.2d 351 (Wyo. 1996) (test for balancing 404(b) probative value vs prejudice)
Gleason v. State, 57 P.3d 332 (Wyo. 2002) ( Gleason factors for 404(b) probative value vs prejudice)
Huckfeldt v. State, 297 P.3d 97 (Wyo. 2013) (affirmed structured Gleason analysis tailing similar issue)
Heywood v. State, 208 P.3d 71 (Wyo. 2009) (victim similarity affects prejudice assessment)
Frias v. State, 722 P.2d 135 (Wyo. 1986) (Strickland framework for ineffective assistance)
United States v. Marcano-Garcia, 622 F.2d 12 (1st Cir. 1980) (defendant's information control impacts counsel's duty to investigate)